Harm Caused

Question 1

What is occupiers liability?

Answer 1

Where any injuries caused by dangers due to state of property will be liable upon the person in control of the premises.

Question 2

Is the level of care under occupiers liability the same for everyone?

Answer 2

It will vary according to the persons whose presence on the premises is foreseeable and the conditions upon which they enter the premises.
Will be greatest when the presence of small children is anticipated.
Will be least for a trespasser who’s presence is not anticipted.

Question 3

In what cases may the occupier not be at fault, or their fault be limited?

Answer 3

(a) If the person willingly took a risk that was likely to cause injury on their premises (Volenti)
(b) May not be completely at fault if there is contributory negligence and damages would be reduced to reflect that.

Question 4

What is the governing authority of harm caused by a defective product?

Answer 4

Consumer Protection Act 1987.

Question 5

What does the 1987 act specifically cover?

Answer 5

Personal Injury or death or property harm caused by defective product.